DOCSLIB.ORG

Outline of Examination (PDF:827KB)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Note: When any ambiguity of interpretation is found in this provisional translation, the Japanese text shallPart prevail. I Chapter 1 Principles of the Examination and Flow of Examination Part I Oultine of Examination Contents Chapter 1 Principles of the Examination and Flow of Examination ......................... - 3 - 1101 Timing of Application of the Examination Guidelines and the Reasons for Refusal, etc. relating to the Examination Guidelines ............................................... - 3 - Chapter 2 Procedures of Examination ....................................................................... - 1 - 1201 Prior Art Searches by Registered Search Organizations .............................. - 1 - 1202 Submission of information to Patent Applications ....................................... - 3 - 1203 Examination When Utilizing the Search Result, etc. of Japan Patent Office as International Authority, Foreign Patent Office and Registered Search Organizations .. - 11 - 1204 Record of Search Results of Prior Art Documents ..................................... - 12 - 1205 Patent Application to be Refused ............................................................... - 15 - 1206 Specification of the Claim in which the Reasons for Refusal Have Not Been Found ...................................................................................................................... - 20 - 1207 Matters to Be Stated in the Publications, etc. Which is Cited in the Reasons for Refusal of the Patent Application ........................................................................... - 25 - 1208 Handling in Cases Where a Plurality of Written Amendments etc. were Submitted ................................................................................................................ - 39 - 1209 Handling in Cases Where There are Errors in the Notice of Reasons for Refusal ................................................................................................................................ - 41 - 1210 Points to which Attention Should be Paid when Drafting Decision to Grant a Patent ...................................................................................................................... - 43 - 1211 Service of Certified Copy of Decision to Grant a Patent and Fixation of Decision to Grant a Patent ...................................................................................... - 50 - 1212 Memorandum of Patent .............................................................................. - 51 - 1213 Points to Which Attention Should be Paid When Drafting Decision of Refusal ................................................................................................................................ - 54 - 1214 Final Conclusion of Decision of Refusal .................................................... - 57 - 1215 Handling in Cases Where the Amendment of Claims after the Final Notice of Reasons for Refusal is Considered to Aiming at Two or More Matters Listed in Items - 1 - (2019.04(2018.6)) Part I Chapter 1 Principles of the Examination and Flow of Examination of Article 17bis(5) of the Patent Act ....................................................................... - 58 - 1216 Points to Which Attention Should be Paid When Drafting Decision of Dismissal of Amendment ........................................................................................................ - 62 - 1217 Interview, etc. ............................................................................................. - 63 - 1218 Cases Where the Examiner Requests to Submit the Documents or Other Materials under the Provision of Article 194(1) ..................................................... - 64 - - 2 - (2019.04(2018.6)) Part I Chapter 1 Principles of the Examination and Flow of Examination Chapter 1 Principles of the Examination and Flow of Examination 1101 Timing of Application of the Examination Guidelines and the Reasons for Refusal, etc. relating to the Examination Guidelines Timing of Application of the Examination Guidelines and the Examination Handbook is indicated in Table 1. And reasons for refusal and the reasons for dismissal of the amendment relating to the Examination Guidelines is indicated in Table. 2. - 1 - ((2018.6)2020.3) Part I Chapter 1 Principles of the Examination and Flow of Examination Table 1: Timing of Application of the Examination Guidelines and the Examination Handbook Act 1990 Act 1993 Act 1994 Act 1999 Act 2002 Act 2003 Act 2004 Act 2006 Act 2008 Act 2011 Act 2015 Act 2018 Act 2016 Act Effective date From Dec. 1, 1990 From Jan. 1, 1994 From Jul. 1, 1995 From Jan. 1, 2000 From Sep. 1, 2002 From Jan. 1, 2004 From Apr. 1, 2005 From Apr. 1, 2007 From Apr. 1, 2009 From Apr. 1, 2012 From Apr. 1, 2016 From June 9, 2018 From Dec. 30, 2018 Point of law revision * Introduction of abstract * Improvement of * Introduction of the * Article 29 (being * Introduction of the * Requirement of unity * Introduction of the * Prohibition of amendment * Extension of period * Revision of provision * Introduction of the * Revision of provision *Introduction of the scope of amendments filing system for publicly known or prior art documents of invention filing system for changing special technical for filing a request for concerning exceptions reference filing system concerning exceptions system of extending a * Introduction of the foreign language publicly worked in information disclosure patent applications feature of invention appeal against to loss of novelty of to loss of novelty of patent term to utility model written applications foreign country, being system based on utility model * Easing of timing restriction for examiner's decision of invention invention compensate for the registration system * Easing of made available to * Clarification to the registration divisional applications refusal * Revision of provision curtailment of the description public through effect that "a product" * Enlargement of * Prevention of abuse of the concerning usurped term (applicable to requirements for electrical includes a computer allowable range of divisional application system application as prior patent rights related description communication lines) program correction in * Extension of period for application to patent applications * Revision of the * Separation of scope registered utility submission of translations of filed on or after March patent term extension of claims from models foreign language written 10, 2020) registration system description (from Jul. application 1, 2003) Outline of Examination Part I Outline of Examination (*) Statements on the Examination Guidelines after Part II shall be according to the following Timing of Application. Description and Claims Part II Chapter 1 Requirements for Description Part II Chapter 1 Section 3 Requirements for Disclosure of Information on Prior Art Documents Part II Chapter 2 Requirements for Claims Former Examination Guidelines Part I Chapter 2 Requirements of Unity of Application Part II Chapter 3 Unity of Invention Patentability Part III Patentability Amendments of Description, Claims or Drawings Former Examination Guidelines Part Part IV Amendments of Description, Claims or Drawings III Amendments of Description, etc. Part IV Chapter 3 Amendment Changing Special Technical Feature of Invention Priority Part V Priority Special Application Examination Guidelines for Each Industry Part VI Chapter 1 Division of Patent Application Division of Application (Revised) Part VI Chapter 1 Section 2 Notice under Article 50bis Part VI Chapter 2 Conversion of Application Part VI Chapter 3 Patent Application Based on Utility Model Registration Part VI Chapter 4 Reference filing Foreign Language Written Application Part VII Foreign Language Written Application International Patent Application Part VIII International Patent Application Extension of Patent Term Part IX Chapter 1 Extension of a Patent Term as Compensation for the Curtailment of the Term (Article 67 (2) of the Patent Act) Part IX Chapter 2 Extension of a Patent Term for Part IX Extension of Patent Term Pharmaceutical Products, etc. (Article 67 (4) of the Patent Act) Utility Model (Substantially the same guidelines Part X Utility Model as those for patent applications) Application examples of the Examination Handbook Annex B Chapter 1 Computer software related Inventions specific technical fields Portions related to "storage medium" claims, "2.1 Eligibility for Patent" (applications filed on or after Apr. 1, 1997) Portions related to "program" claims (applications filed on or after Jan. 10, 2001) Examination Handbook Annex B Chapter 2 Biological Inventions Examination Handbook Annex B Chapter 3 Medicinal Inventions The "Examination Guidelines for Patent and Utility Model" is in principle applicable to applications filed on or after July 1, 1995. However, the portions added or modified as a result of subsequent revision made to the Act, changes to examination practice, and the like may only be applicable to a limited range of patent applications. In addition, subsequent revisions and changes may be associated with clarification of the previous interpretations and practices, revised provision and changed practices will also serve as reference information in interpretation of handling of applications filed prior to the Act 1994 entering into force. - 2 - ((2018.6)2020.3) Part I Chapter 1 Principles of the Examination and Flow of Examination Table 2: Timing of Application of the reasons for refusal and the reason for dismissal
Recommended publications
  • Japan Patent Office Long-Term Fellowship Program on The

    Japan Patent Office Long-Term Fellowship Program on The

    Japan Patent Office Long-term Fellowship Program on the Intellectual Property under the Japan Patent Office FY2019 Research Theme: Considerations towards the adoption of the Patent Cooperation Treaty (PCT) in Argentina - Learning from the awareness and promo- tion of the PCT in Japan Submitted By Alejandro Javier Cafiero (Argentina) Universidad Nacional de La Plata (UNLP) Supervisor: Dr. Yorimasa Suwa Senior Researcher, APIC-JIPII Advisor: Prof. Junji Nakagawa Faculty of Liberal Arts, Chuo Gakuin University Mr. Daisuke NAGANO General Manager/ Patent Attorney Policy & Strategic, International Affairs Division Japan Intellectual Property Association The views and findings in this report are those of the author and do not necessarily reflect the views and policy of the organization or sponsor of this study. ○c JPO 2020 Abstract The Patent Cooperation Treaty (PCT) is a multilateral treaty of vital importance for the harmonization of the Patent system at the international level. Applicants of coun- tries that have accessed the PCT benefit by having affordable, simpler international filing procedures and speedier preliminary examinations. National Patent Offices are also im- proved by accessing the Treaty, as they are required to comply with several international standards. 153 countries have accessed the Treaty to date. Despite the advantages of taking part of the PCT, Argentina has refused to access it, mostly due to a lack of a national IP strategy, misconceptions about the PCT and the op-position of some domestic pharmaceutical companies. The lack of PCT availability in Argentinian puts domestic applicants at a disad- vantage against international counterparts. Such applicants range from universities, re- search centers and innovative companies to entrepreneurs and inventors.
  • MPEP Identifying and Evaluating Each Claim Limitation

    MPEP Identifying and Evaluating Each Claim Limitation

    Chapter 2100 Patentability 2101 [Reserved] 2121.03 Plant Genetics Ð What Constitutes -2102 Enabling Prior Art 2103 Patent Examination Process 2121.04 Apparatus and Articles Ð What 2104 Patentable Subject Matter Constitutes Enabling Prior Art 2105 Patentable Subject Matter Ð Living 2122 Discussion of Utility in the Prior Art Subject Matter 2123 Rejection Over Prior Art's Broad 2106 Patent Subject Matter Eligibility Disclosure Instead of Preferred 2106.01 [Reserved] Embodiments 2107 Guidelines for Examination of 2124 Exception to the Rule That the Critical Applications for Compliance with the Reference Date Must Precede the Filing Utility Requirement Date 2107.01 General Principles Governing Utility 2124.01 Tax Strategies Deemed Within the Rejections Prior Art 2107.02 Procedural Considerations Related to 2125 Drawings as Prior Art Rejections for Lack of Utility 2126 Availability of a Document as a 2107.03 Special Considerations for Asserted ªPatentº for Purposes of Rejection Therapeutic or Pharmacological Under 35 U.S.C. 102(a) or Pre-AIA 35 Utilities U.S.C. 102(a), (b), and (d) 2108 [Reserved] 2126.01 Date of Availability of a Patent as a -2110 Reference 2111 Claim Interpretation; Broadest 2126.02 Scope of Reference's Disclosure Reasonable Interpretation Which Can Be Used to Reject Claims 2111.01 Plain Meaning When the Reference Is a ªPatentº but 2111.02 Effect of Preamble Not a ªPublicationº 2111.03 Transitional Phrases 2127 Domestic and Foreign Patent 2111.04 ªAdapted to,º ªAdapted for,º Applications as Prior Art ªWherein,º and ªWherebyº Clauses 2128 ªPrinted Publicationsº as Prior Art 2111.05 Functional and Nonfunctional 2128.01 Level of Public Accessibility Descriptive Material Required 2112 Requirements of Rejection Based on 2128.02 Date Publication Is Available as a Inherency; Burden of Proof Reference 2112.01 Composition, Product, and Apparatus 2129 Admissions as Prior Art Claims 2130 [Reserved] 2112.02 Process Claims 2131 Anticipation Ð Application of 35 U.S.C.
  • The European Patent Convention, 3 Md

    The European Patent Convention, 3 Md

    Maryland Journal of International Law Volume 3 | Issue 2 Article 10 The urE opean Patent Convention Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mjil Part of the International Law Commons, and the International Trade Commons Recommended Citation The European Patent Convention, 3 Md. J. Int'l L. 408 (1978). Available at: http://digitalcommons.law.umaryland.edu/mjil/vol3/iss2/10 This Notes & Comments is brought to you for free and open access by DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Journal of International Law by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. THE EUROPEAN PATENT CONVENTION The European Patent Convention' (EPC) is an attempt to simplify European patent law. The Convention provides a procedure for securing a single, European patent,2 which has the effect of a national patent in the signatory nations designated in the application. Through this alternative to national procedures, widespread patent coverage should be easier to obtain. Require- patent, however, are rigorous and its ments for a European 3 attraction is primarily the consolidation of the grant procedures. The EPC establishes several organs to handle the various aspects of the patent application procedure. The European Patent Office (EPO), located in Munich, is the international equivalent of a national patent office. Its administrative divisions are the General Search Division, the Examining Division, and the Opposition Division. The Receiving Section is at The Hague. The first procedural step is the filing of an application at either a national patent office or directly with the EPO.4 The application may be in any of the three official languages (English, French, or German) and the applicant's choice becomes the language of the proceedings.5 The Receiving Section subjects the application to both a preliminary6 and a supplementary formal examination to determine whether it is in proper form and all fees are paid.
  • PCT Applicant's Guide – National Phase

    PCT Applicant's Guide – National Phase

    DE PCT Applicant’s Guide – National Phase – National Chapter – DE Page 1 GERMAN PATENT AND TRADE MARK OFFICE (DEUTSCHES PATENT- UND MARKENAMT) AS DESIGNATED (OR ELECTED) OFFICE CONTENTS THE ENTRY INTO THE NATIONAL PHASE—SUMMARY THE PROCEDURE IN THE NATIONAL PHASE ANNEXES Fees ............................................................... Annex DE.I National processing request form (patents) .................................. Annex DE.II National processing request form (utility models) .............................. Annex DE.III Declaration concerning the inventor ....................................... Annex DE.IV List of abbreviations: Office: German Patent and Trade Mark Office PatG: Patent Act [Patentgesetz] GebrMG: Utility Model Act [Gebrauchsmustergesetz] IntPatÜbkG: Act on International Patent Conventions [Gesetz über internationale Patentübereinkommen] PatKostG: Patent Costs Act [Patentkostengesetz] PatKostZV: Ordinance on Payment of Patent Costs of the German Patent and Trade Mark Office and the Federal Patent Court [Patentkostenzahlungsverordnung] DPMAV: Ordinance concerning the German Patent and Trade Mark Office [Verordnung über das Deutsche Patent- und Markenamt] (25 March 2021) DE PCT Applicant’s Guide – National Phase – National Chapter – DE Page 3 SUMMARY Designated SUMMARY (or elected) Office DE GERMAN PATENT AND DE TRADE MARK OFFICE Summary of requirements for entry into the national phase Time limits applicable for entry into the Under PCT Article 22(1): 30 months from the priority date national phase: Under PCT Article
  • Guidelines for Examination in the European Patent Office

    Guidelines for Examination in the European Patent Office

    GUIDELINES FOR EXAMINATION IN THE EUROPEAN PATENT OFFICE Published by the European Patent Office Published by the European Patent Office Directorate Patent Law 5.2.1 D-80298 Munich Tel.: (+49-89) 2399-4512 Fax: (+49-89) 2399-4465 Printed by: European Patent Office, Munich Printed in Germany © European Patent Office ISBN 3-89605-074-5 a LIST OF CONTENTS page General Part Contents a 1. Preliminary remarks 1 2. Explanatory notes 1 2.1 Overview 1 2.2 Abbreviations 2 3. General remarks 3 4. Work at the EPO 3 5. Survey of the processing of applications and patents at the EPO 4 6. Contracting States to the EPC 5 7. Extension to states not party to the EPC 5 Part A – Guidelines for Formalities Examination Contents a Chapter I Introduction I-1 Chapter II Filing of applications and examination on filing II-1 Chapter III Examination of formal requirements III-1 – Annex List of Contracting States to the Paris Convention (see III, 6.2) III-20 Chapter IV Special provisions IV-1 Chapter V Communicating the formalities report; amendment of application; correction of errors V-1 Chapter VI Publication of application; request for examination and transmission of the dossier to Examining Division VI-1 Chapter VII Applications under the Patent Cooperation Treaty (PCT) before the EPO acting as a designated or elected Office VII-1 Chapter VIII Languages VIII-1 Chapter IX Common provisions IX-1 Chapter X Drawings X-1 Chapter XI Fees XI-1 Chapter XII Inspection of files; communication of information contained in files; consultation of the Register of European
  • Patent Cooperation Treaty and Regulations Under the PCT

    Patent Cooperation Treaty and Regulations Under the PCT

    Appendix T Patent Cooperation Treaty and Regulations Under the PCT Article 24 Possible Loss of Effect in Designated States Done at Washington on June 19, 1970, amended Article 25 Review by Designated Of®ces on September 28, 1979, modi®ed on February 3, Article 26 Opportunity to Correct Before 1984, and October 3, 2001 (as in force from April Designated Of®ces 1, 2002) Article 27 National Requirements Article 28 Amendment of the Claims, the TABLE OF CONTENTS 1 Description, and the Drawings, Before Designated Of®ces Article 29 Effects of the International Publication : Introductory Provisions Article 30 Con®dential Nature of the International Article 1 Establishment of a Union Application Article 2 De®nitions CHAPTER II: International Preliminary CHAPTER I: International Application and Examination International Search Article 31 Demand for International Preliminary Article 3 The International Application Examination Article 4 The Request Article 32 The International Preliminary Article 5 The Description Examining Authority Article 6 The Claims Article 33 The International Preliminary Article 7 The Drawings Examination Article 8 Claiming Priority Article 34 Procedure Before the International Article 9 The Applicant Preliminary Examining Authority Article 10 The Receiving Of®ce Article 35 The International Preliminary Article 11 Filing Date and Effects of the Examination Report International Application Article 36 Transmittal, Translation, and Article 12 Transmittal of the International Communication, of the International Application to the
  • Japan Patent & Trademark Update

    Japan Patent & Trademark Update

    TMI Associates Issue7 (July 2017) Japan Patent & The reason for this misconception could be that some in the below graph, in 70% of patent infringement lawsuits First, as shown in the below graph, the number of patent In sum, the decrease in the total number of patent applications by 2007; however, the Defendant continued using the articles discuss statistics regarding Japanese patent the judges did not make any decisions on the validity of the applications filed from the other IP5 countries does not show seems to have mostly come from the change in patent filing trademark “Eemax”. The Plaintiff sued the Defendant for Unfair Trademark Update lawsuits based only on those cases which have reached a patents. Further, in 43% of patent infringement lawsuits, such a decrease. Rather, the number of patent applications filed policy, i.e., shifting the focus from quantity to quality Competition asserting that the Defendant’s use of “Eemax” was judgment. The information on settled cases, as shown in even though the plaintiffs made invalidation arguments, the by U.S. entities has actually been increasing since 2013. of patents, and not as a result of any decrease in the impermissible given that it is a well-known trademark of the the above graph, was not announced before, and such judges still did not make any decisions with respect to validity. importance of obtaining patent protection in Japan. Plaintiff, even if the Plaintiff had not registered the mark. In success rate could previously only be examined based on In other words, it is inappropriate to derive any significant Number of patent applications filed by foreign entities response, the Defendant filed a counterclaim asserting that the cases in which judgments were rendered.
  • Patents Act 1953

    Patents Act 1953

    Reprint as at 24 February 2017 Patents Act 1953 Public Act 1953 No 64 Date of assent 26 November 1953 Commencement see section 1(2) Patents Act 1953: repealed, on 24 February 2017, by section 7(1) of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89). Contents Page Title 6 1 Short Title and commencement 6 2 Interpretation 6 2A Act preserved for patent attorney provisions 10 3 Commissioner of Patents [Repealed] 10 4 Assistant Commissioners of Patents and other officers [Repealed] 10 5 Patent Office [Repealed] 10 5A Closing of Patent Office at short notice [Repealed] 10 6 Officers and employees of Patent Office not to acquire interest in 10 any patent or prepare specifications [Repealed] Application, investigation, opposition, etc [Repealed] 7 Persons entitled to make application [Repealed] 10 8 Application [Repealed] 10 9 Complete and provisional specifications [Repealed] 11 10 Contents of specification [Repealed] 11 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Ministry of Business, Innovation, and Employment. 1 Reprinted as at Patents Act 1953 24 February 2017 11 Priority date of claims of complete specification [Repealed] 11 12 Examination of application [Repealed] 11 13 Search for anticipation by previous publication [Repealed] 11 14 Search for anticipation by prior claim [Repealed] 11 15 Commissioner may require
  • The IPDL (Includes Pajs) & AIPN

    The IPDL (Includes Pajs) & AIPN

    TopicTopic 99 TechniqueTechniquess forfor AccessingAccessing Databases:Databases: thethe IPDLIPDL (includes(includes PAJsPAJs)) && AIPNAIPN Taro Daiko Patent Information Policy Planning Office Japan Patent Office 1 Topics 1. Importance of accessing databases 2. Services provided by the JPO -IPDL (including PAJs) -AIPN 3. Summary 2 Topics 1. Importance of accessing databases 2. Services provided by the JPO -IPDL (including PAJs) -AIPN 3. Summary 3 1. Importance of accessing databases ・Utilization of documents cited in international phases and national phases ・Utilization of examination information (File Wrapper Information) of other foreign patent offices Accessing databases in IP Offices leads to work-sharing and efficient examinations in each IP Offices. International Phase Receiving Office Search Cited JP documents Reports National Phase IPDL IP IP JPO Office A Office B AIPN JPO IPDL Examination information Cited JP documents 4 1. Importance of accessing databases JPO provides two databases that can be accessed to obtain JP documents and JPO's examination information Foreign IP Offices IPDL AIPN *Public Use *Examiner-only Use (1)JP documents JPO’s Examination ・Patent Information ・ ・Utility Model Office Actions ・ ・Design Dossier Information ・ ・Trademark Legal Status ・Cited Document ・ (2) Patent Abstracts of Patent Family Japan (PAJ) 5 Topics 1. Importance of accessing databases 2. Services provided by the JPO -IPDL (including PAJs) -AIPN 3. Summary 6 Search Example of IPDL Documents Patent & Utility Model Gazette Database - Patents and utility model gazettes can be searched by number and classification (FI/F term). - All items of information (except drawings) are translated by machine. An example of publications of unexamined patent applications 7 What is the IPDL? IPDL＝Industrial Property Digital Library *URL: http://www.ipdl.inpit.go.jp/homepg_e.ipdl Patent & Utility Model Database Machine Translation PAJ Database Design Database Trademark Database Machine Translation IPDL’s Database in English 2.
  • Role of Patent Attorney 2009.Pdf

    Role of Patent Attorney 2009.Pdf

    CONTENTS Page I. Patent·······················································································································································1 1. General Views ·································································································································1 2. The Role of a Patent Attorney ·······································································································3 3. The Dialogue with Applicants·······································································································4 (1) Approach by Applicants··········································································································4 (2) Conflict of Interest ···················································································································5 (3) Responsibilities of Patent Attorneys······················································································8 4. Search ···············································································································································9 5. Preparation and Filing of Patent Applications·············································································9 (1) Documents Required···············································································································9 (2) The Task of a Patent Attorney ······························································································11 (3) Order
  • Trademark Updates in Japan 2019

    Trademark Updates in Japan 2019

    R egional Collective Trademarks E XAMINATION FLOW Regional collective trademarks are trademarks that consist of regions’ names and the names After completing formality checks, examiners conduct substantive examination. If they find no of goods (and/or services) particular to the respective regions. They are registered by reasons for refusal, they will send a “Decision of Registration” to the applicant, and the associations affiliated with the regions, who intend to let their members use the trademarks, as trademark will be granted exclusive rights after the applicant pays the applicable registration Trademark long as the trademarks have become well known in a certain area. fee. In the event that are reasons for refusal, the examiners notify the applicant of reasons and give opportunities for the applicant to make corrections and give opinions to overcome the Registration No. 5069264 Registration No. 5068214 refusal. If not resolved, the application will be refused. The applicant, in this situation, can 「神戸ビーフ」（Kobe Beef） （Yokohama Chinatown） appeal to reverse the examiner’s decision. Updates Trademark Application Publication of Formality Check application in Japan Substantive Examination Decision of Registration Notification of Reasons for Refusal Registration Fee Payment Written Argument Written Amendment Registration ■The Logo Mark of Regional Collective Trademarks Decision of Refusal The logo to right, which was launched in January 2018, is used to 10 years Publication of identify local specialties as those that have been registered under the trademark gazette Appeal against [omitted] regional-collective-trademark system. It was created to raise awareness Decision of Refusal Invalidation trial Extinguishment / 2 months Cancellation trial Renewal of right of the system.
  • Japan Patent Office

    Japan Patent Office

    The Case Studies of the Procedures under the New Employee Invention System November 2004 Japan Patent Office ※This is an unofficial translation. Introduction The new employee invention system shall, as a rule, entrust “appropriate remuneration” relating to employee-invention to a “voluntary agreement” between the employers and the employees. However, there are some inappropriate cases to be entrusted to the “voluntary agreement” because inappropriate decision can be decided due to difference in positions of the employers and the employees. Therefore, under the new employee invention system, where it is considered unreasonable to pay remuneration in accordance with the contract, employment regulation or other stipulations, remuneration calculated by consideration of certain elements shall be “appropriate remuneration” as well as in case of existing employee invention system. Unreasonableness shall be judged, particularly focusing on the procedural elements among those in the whole process until the remuneration is determined and paid. But, the new employee invention system does not define detailed procedures so that remuneration can be determined in response to various actual situations of the employers and the employees avoiding excessive intervention by setting the law which accompanies actual methods of consultation etc. On the other hand, “Improvement of employee invention system”, a report summarized by the Intellectual Property Policy Committee, has stated that the Patent Office should compile case studies which indicate when the determination of “remuneration” should be judged to be obviously unreasonable for the purpose of prevent the unreasonable determination of “remuneration” between the employers and the employees. Furthermore, in Diet proceedings, some members indicated that case studies to which the employers and the employees can refer for taking the procedure should be prepared.